The determination area in this consent determination covers about 2,731 square kilometres of land and waters in south-west Cape York. It extends to the sea at high water mark, to the depth of 1.5 metres in the Coleman River and to just south of the Staaten River. It includes most of the Kowanyama Deed of Grant in Trust land. The Kowanyama People refer to this area as the Mitchell River delta lands.

Legal Status:

Registered on the National Native Title Register (of native title determinations).

The native title rights and interests include: the right to possess, occupy and enjoy the parts of the land in which exclusive rights exist, and the right to access, camp on, hunt, fish and gather in the parts of the area in which non-exclusive rights exist.

The non-native title rights and interests include : pastoral leases, water licences, exploration permits, public rights of access and the interests of several organisations.

Detailed Information:

The native title claim of the Kowanyama people is comprised of three areas, Part A, Part B and Part C. The total area of claim covers 19,800 square kilometres. This consent determination concerns Part A.

The Kowanyama people hold exclusive native title rights over approximately 2,518 square kilometres of this land. They will have the right to possess, occupy, use and enjoy the land exclusively.

They also hold non-exclusive native title rights over 213 square kilometres of beach, sea and tidal areas. These non-exclusive rights entitle the Kowanyama people to access, cross and camp on the land, light fires for domestic purposes, take and use resources for domestic purposes (excluding minerals) and maintain and protect important sites. With regards to water, the Kowanyama people may hunt, fish and gather for domestic purposes and take and use water for domestic purposes.

The non native title rights and interests in the land include pastoral leases, water licences, exploration permits, the rights and interests of Kowanyama Aboriginal Council, Kowanyama Cattle Company Pty Ltd, Telstra Corporation Pty Ltd and the state and federal governments. They also include the public right to fish and navigate and the public right to access beaches, stock routes, waterways, beds and banks of foreshores and coastal waters.

Greenwood J found that the State of Queensland had taken a real and significant interest in the proceedings, that the parties had the benefit of independent and competent legal representation in developing the agreement, that the terms of the agreement were clear and that the agreement had been produced as a result of negotiation. The Court, therefore, was able to make the consent determination.

Native title holder Leslie Gilbert stated, 'the land and sea are very important to the Kowanyama People and we've been managing our country as much as we can.' He also said 'the spirit of working together has meant we have taken the time and opportunity to negotiate with the government and other parties for some recognition of our traditional rights. Let's keep this talk going.' (NNTT)

Attorney-General Robert McClelland stated, 'This determination is a significant acheivement and recognition of the ongoing stregth and vitality of the culture of the Kowanyama People'. (Media Release)

The full text of the determination, along with the annexures and schedules is available at http://www.austlii.edu.au/au/cases/cth/federal_ct/2009/1192.html.

Negotiations regarding parts B and C of this determination must now commence between the Kowanyama People and the respondent parties. These areas of land contain pastoral leases and the Kowanyama township area. (NNTT Background)